Chapter 9, BINGO AND OTHER GAMBLING
366 sections in this chapter.
Neb. Rev. Stat. § 9-634 Manufacturer-distributor; lottery supplies; approval required.
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Each manufacturer-distributor shall receive departmental approval of lottery supplies prior to offering or marketing in this state any type of lottery supplies for use in a lottery conducted pursuant to the Nebraska County and City Lottery Act. Approval by the department shall be…
Neb. Rev. Stat. § 9-635 Manufacturer-distributor; lottery equipment; approval required; costs of examination.
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(1) Each manufacturer-distributor shall receive departmental approval of lottery equipment prior to offering or marketing in this state any type of lottery equipment for use in a lottery conducted pursuant to the Nebraska County and City Lottery Act. Approval by the department sh…
Neb. Rev. Stat. § 9-636 Lottery supplies; requirements.
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(1) All lottery supplies shall be constructed to conform in all respects to the provisions and specifications imposed by the Nebraska County and City Lottery Act and the rules and regulations adopted and promulgated pursuant to the act as to the manufacture, assembly, printing, a…
Neb. Rev. Stat. § 9-637 Ticket; purchase price limitation.
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No ticket used in the conduct of any lottery shall have an individual purchase price in excess of one hundred dollars.
Neb. Rev. Stat. § 9-638 Manufacturer-distributor; information requirements.
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Each manufacturer-distributor shall maintain the following information: (1) The name of each purchaser of lottery equipment or supplies; (2) relative to each sale, the quantity and type of lottery equipment or supplies sold; and (3) any other information concerning lottery equipm…
Neb. Rev. Stat. § 9-639 Manufacturer-distributor; employee, agent, or spouse; restriction on activities.
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No manufacturer-distributor shall be licensed to conduct any other activity under the Nebraska County and City Lottery Act. No manufacturer-distributor shall hold a license to conduct any other kind of gambling activity which is authorized or regulated under Chapter 9 except as p…
Neb. Rev. Stat. § 9-640 Manufacturer-distributor; lottery equipment or supplies sales and leases; restrictions.
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(1) No manufacturer-distributor shall sell, lease, or otherwise provide any lottery equipment or supplies to any person in Nebraska except a county, city, or village licensed to conduct a lottery, a licensed lottery operator, or another licensed manufacturer-distributor. No count…
Neb. Rev. Stat. § 9-641 Manufacturer-distributor; records required.
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Every licensed manufacturer-distributor shall keep and maintain a complete set of records which shall include all details of all activities of the licensee related to the conduct of the licensed activity as may be required by the department, including the total quantity and types…
Neb. Rev. Stat. § 9-642 Lottery operator; conflict of interest prohibited.
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(1) No sole proprietor, partner in a partnership, member in a limited liability company, officer or director of a corporation, or individual with a substantial interest in a sole proprietorship, partnership, limited liability company, or corporation applying for a lottery operato…
Neb. Rev. Stat. § 9-642.01 Sales outlet location; qualification standards; notice to department; license; application; renewal.
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(1) Prior to a county, city, village, or lottery operator conducting a lottery at a location other than the location of the lottery operator (a) the county, city, or village shall, by ordinance or resolution, establish qualification standards which shall be met by any individual,…
Neb. Rev. Stat. § 9-643 Lottery; local control; section, how construed.
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(1) Any county, city, or village may, by resolution or ordinance, tax, regulate, control, or prohibit any lottery conducted pursuant to the Nebraska County and City Lottery Act within the boundaries of such county, city, or village, except that no county may impose a tax or other…
Neb. Rev. Stat. § 9-644 Local control; annexation; effect.
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If a city or village which has exercised its authority under section 9-643 to prohibit lotteries within its boundaries annexes any area in which a lottery is being lawfully conducted by a county, the county may continue the lottery for a period not to exceed the shorter of (1) th…
Neb. Rev. Stat. § 9-645 Licensees; exempt from Uniform Disposition of Unclaimed Property Act.
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Any county, city, or village licensed to conduct a lottery pursuant to the Nebraska County and City Lottery Act shall be exempt from the Uniform Disposition of Unclaimed Property Act solely with respect to unclaimed lottery prizes.
Neb. Rev. Stat. § 9-646 Participation; restrictions.
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(1) No person under nineteen years of age shall play or participate in any way in any lottery conducted pursuant to the Nebraska County and City Lottery Act. (2) A county, city, or village which authorizes the conduct of a lottery shall establish by ordinance or resolution the li…
Neb. Rev. Stat. § 9-646.01 No extension of credit; accounts and other payment methods, authorized; limitations.
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(1)(a) No person or licensee, or any employee or agent thereof, accepting wagers on a lottery conducted pursuant to the Nebraska County and City Lottery Act shall extend credit from the gross proceeds of a lottery to participants in the lottery for the purchase of lottery tickets…
Neb. Rev. Stat. § 9-647 Lottery; time limitation.
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No lottery shall be conducted between the hours of 1 a.m. and 6 a.m., except that if alcoholic liquor is allowed to be sold later than 1 a.m. pursuant to a vote under subdivision (1)(b) of section 53-179, no lottery shall be conducted between the hour established pursuant to such…
Neb. Rev. Stat. § 9-648 Gross proceeds; tax; collection.
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Any county, city, or village which conducts a lottery shall submit to the department on a quarterly basis a tax of two percent of the gross proceeds. Such tax shall be remitted not later than thirty days from the close of the preceding quarter on forms provided by the department.…
Neb. Rev. Stat. § 9-649 Tax Commissioner; power to seize contraband; effect.
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(1) The Tax Commissioner or his or her agents or employees, at the direction of the Tax Commissioner, or any peace officer of this state may seize, without a warrant, the following contraband goods found any place in this state: (a) Any lottery equipment or supplies which do not …
Neb. Rev. Stat. § 9-650 Segregation of gross proceeds; use of interest; records; requirements; Tax Commissioner; powers.
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(1) The gross proceeds of any lottery, less the amount awarded in prizes and any salary, fee, or commission paid to a licensed lottery operator plus any interest on such funds, shall be segregated from any other revenue and placed in a separate account of the lottery operator and…
Neb. Rev. Stat. § 9-651 Lottery ticket; requirements.
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Each county, city, or village conducting a lottery shall have its name clearly associated with each ticket used in the lottery. No such ticket shall be sold unless such name is clearly identified.
Neb. Rev. Stat. § 9-651.01 Lottery ticket, keno game; digital-on-premises ticket; purchase and sale; requirements; controls.
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(1) Any purchase of a ticket for a keno game shall be made in person at the location of the lottery operator or an authorized sales outlet location. (2) The lottery operator shall file with the department the address of each location where digital-on-premises tickets are sold. Th…
Neb. Rev. Stat. § 9-652 Violations; penalties; enforcement; venue.
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(1) Except when another penalty is specifically provided, any person or licensee, or employee or agent thereof, who knowingly or intentionally violates any provision of the Nebraska County and City Lottery Act, or who causes, aids, abets, or conspires with another to cause any pe…
Neb. Rev. Stat. § 9-653 Reports and records; disclosure; limitations; violation; penalty.
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(1) Except in accordance with a proper judicial order or as otherwise provided by this section or other law, it shall be a Class I misdemeanor for the Tax Commissioner or any employee or agent of the Tax Commissioner to make known, in any manner whatsoever, the contents of any re…
Neb. Rev. Stat. § 9-701 Conduct of gift enterprises; conditions; prohibited acts; violation; penalties; venue; enforcement.
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(1) For purposes of this section: (a) Financial institution means a bank, savings bank, building and loan association, savings and loan association, or credit union, whether chartered by the United States, the Department of Banking and Finance, or a foreign state agency as define…
Neb. Rev. Stat. § 9-801 Act, how cited.
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Sections 9-801 to 9-841 shall be known and may be cited as the State Lottery Act.
Neb. Rev. Stat. § 9-802 Purpose of act.
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The purpose of the State Lottery Act is to establish lottery games which will raise revenue for the purposes set forth in section 9-812.
Neb. Rev. Stat. § 9-803 Terms, defined.
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For purposes of the State Lottery Act: (1) Director shall mean the Director of the Lottery Division; (2) Division shall mean the Lottery Division of the Department of Revenue; (3) Lottery contractor shall mean a lottery vendor or lottery game retailer with whom the division has c…
Neb. Rev. Stat. § 9-804 Lottery Division of the Department of Revenue; established; Director of the Lottery Division.
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The Lottery Division of the Department of Revenue is hereby established. The division shall be administered by the Director of the Lottery Division who shall be appointed by and serve at the pleasure of the Tax Commissioner. The division shall administer and regulate the lottery …
Neb. Rev. Stat. § 9-805 Tax Commissioner; agreements authorized.
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The Tax Commissioner may enter into written agreements with one or more government-authorized lotteries to participate in the conduct and operation of lottery games and may enter into written agreements with one or more government-authorized lotteries or other persons, entities, …
Neb. Rev. Stat. § 9-806 Legislative intent.
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In construing the State Lottery Act, it is the intent of the Legislature that the following policies be implemented: (1) The lottery games shall be operated by the division; (2) The lottery games shall be operated as a self-sufficient, revenue-raising operation after money genera…
Neb. Rev. Stat. § 9-807 Division; personnel; bond or insurance.
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(1) Other than the director, all employees of the division shall be classified employees under the rules and regulations of the personnel division of the Department of Administrative Services. (2) Before entering upon the duties of the office, the director and each employee of th…
Neb. Rev. Stat. § 9-808 Division; personnel; investigators or security personnel; powers and duties; confidentiality; exception.
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(1) The Tax Commissioner shall employ or contract with such personnel as necessary to carry out the responsibilities of the division. The Tax Commissioner shall employ investigators or security personnel who shall be vested with the authority and power of a law enforcement office…
Neb. Rev. Stat. § 9-809 Auditor of Public Accounts; audit; Tax Commissioner; reports.
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(1) The books, records, funds, and accounts of the division shall be audited at least annually by or under the direction of the Auditor of Public Accounts who shall submit a report of the audit to the Governor and the Legislature. The report submitted to the Legislature shall be …
Neb. Rev. Stat. § 9-810 Lottery ticket; restrictions on sale and purchase; computation of retail sales; termination of liability; prize credited against certain tax liability or debt; procedure.
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(1) A person under nineteen years of age shall not purchase a lottery ticket. No lottery ticket shall be sold to any person under nineteen years of age. No person shall purchase a lottery ticket for a person under nineteen years of age, and no person shall purchase a lottery tick…
Neb. Rev. Stat. § 9-811 Exemption from occupation tax.
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Lottery games conducted pursuant to the State Lottery Act shall be exempt from any local or occupation tax levied or assessed by any political subdivision having the power to levy, assess, or collect such a tax.
Neb. Rev. Stat. § 9-811.01 Lottery Investigation Petty Cash Fund; establishment; use; investment; Tax Commissioner; department; duties; records and reports.
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(1) The Tax Commissioner may apply to the Director of Administrative Services and the Auditor of Public Accounts to establish and maintain a Lottery Investigation Petty Cash Fund. The money used to initiate and maintain the fund shall be drawn solely from the State Lottery Operat…
Neb. Rev. Stat. § 9-812 State Lottery Operation Trust Fund; State Lottery Operation Cash Fund; State Lottery Prize Trust Fund; created; transfers; investment; unclaimed prize money; use.
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(1) All money received from the operation of lottery games conducted pursuant to the State Lottery Act in Nebraska shall be credited to the State Lottery Operation Trust Fund, which fund is hereby created. All payments of the costs of establishing and maintaining the lottery game…
Neb. Rev. Stat. § 9-813 Lottery game retailer; Tax Commissioner; powers and duties; deposit of funds; liability for tickets.
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(1) The Tax Commissioner may require each lottery game retailer to deposit all money received by the lottery game retailer from the sale of lottery tickets, less the amount, if any, retained as compensation for the sale of lottery tickets and less the amount, if any, paid in priz…
Neb. Rev. Stat. § 9-814 Prohibited acts; violations; penalties.
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(1) It shall be a Class II misdemeanor for a lottery game retailer to fail to separate and keep separate all money received from the sale of lottery tickets less the amount, if any, retained as compensation for the sale of lottery tickets and less the amount, if any, paid in priz…
Neb. Rev. Stat. § 9-816 Conflicts of interest; enumerated; compliance with other laws; violation; removal from office.
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(1) The Tax Commissioner, the director, and other employees of the division or their immediate families shall not, while employed with the division, directly or indirectly (a) knowingly hold a financial interest or acquire stocks, bonds, or any other interest in any entity which …
Neb. Rev. Stat. § 9-817 Director and employees of the division; investigatory and enforcement powers; application to district court; contempt.
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The director and any employee of the division, when authorized by the director or Tax Commissioner, shall have the power (1) to make a thorough investigation into all the records and affairs of any person, organization, or corporation when, in the judgment of the director, such i…
Neb. Rev. Stat. § 9-818 Attorney General and other law enforcement authority; powers and duties.
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The Tax Commissioner or the director may confer with the Attorney General or his or her designee as he or she deems necessary and advisable to carry out the responsibilities of the division. Upon request of the director with the approval of the Tax Commissioner, it shall be the d…
Neb. Rev. Stat. § 9-819 Lottery administration; hearings; rules and regulations; director; Tax Commissioner; duties; exempt from Administrative Procedure Act.
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(1) The director shall develop rules and regulations concerning lottery administration for consideration by the Tax Commissioner. Rules and regulations shall be adopted, promulgated, amended, or repealed only after a public hearing by the Tax Commissioner. Notice of the hearing s…
Neb. Rev. Stat. § 9-820 Contracts awarded by Tax Commissioner; notices of hearings; orders and decisions; delivery.
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Notices of hearings related to contracts awarded by the Tax Commissioner and copies of all orders and decisions of the Tax Commissioner concerning such contracts shall be mailed to the address of record of the appropriate party or parties.
Neb. Rev. Stat. § 9-821 District court of Lancaster County; jurisdiction; appeal.
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The district court of Lancaster County shall have exclusive original jurisdiction of all legal proceedings, except criminal actions, related to the administration, enforcement, or fulfillment of the responsibilities, duties, or functions of the division. An aggrieved party seekin…
Neb. Rev. Stat. § 9-822 Books and records; requirements.
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The director shall make and keep books and records which accurately and fairly reflect transactions of the lottery games conducted pursuant to the State Lottery Act, including the distribution of tickets to lottery game retailers, receipt of funds, prize claims, prizes paid, expe…
Neb. Rev. Stat. § 9-823 Rules and regulations; enumerated; Tax Commissioner; duties.
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The Tax Commissioner shall adopt and promulgate rules and regulations necessary to carry out the State Lottery Act. The rules and regulations shall include provisions relating to the following: (1) The lottery games to be conducted subject to the following conditions: (a) No lott…
Neb. Rev. Stat. § 9-824 Lottery game retailer; contract with division; considerations.
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No person shall sell tickets without first contracting with the division as a lottery game retailer. Persons shall be awarded contracts as lottery game retailers in a manner which best serves the public convenience. Before awarding a contract, the director shall consider the fina…
Neb. Rev. Stat. § 9-825 Lottery game retailer; division; sale of tickets; when.
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A lottery game retailer shall not engage in business exclusively to sell tickets, except that the director or Tax Commissioner may award a temporary contract to permit a lottery game retailer to sell tickets to the public at special events approved by the Tax Commissioner. Nothin…
Neb. Rev. Stat. § 9-826 Lottery game retailer; award of contract; director; findings required.
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A contract may be awarded to an applicant to operate as a lottery game retailer only after the director finds all of the following: (1) The applicant is at least nineteen years of age; (2) The applicant has not been convicted of a felony or misdemeanor involving gambling, moral t…